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Archive: 10 January 2023

Posts in 10 January 2023

Arbitrariness in Section 159 (CGST Act, 2017) & its Impact on Corporate Governance

January 10, 2023 1398 Views 0 comment Print

The paper aims to critically analyze CBIC Guidelines with reference to Section 159 of the CGST Act and the probable arbitrary use of power by tax-officers, the paper further highlights constitutional provisions to discern the arbitrary nature of the provision. The paper also aims to provide an analysis of the implications of Section 159 on ease of doing business and corporate governance.

Application for appointment of an Appointed Actuary & Obligations of insurer

January 10, 2023 1137 Views 0 comment Print

As required under the provisions of regulation 3(D) of IRDAI (Appointed Actuary) Regulations, 2022, the insurer shall submit an application for appointment of Appointed Actuary in the format (Form IRDAI-AA-2) provided in Annexure-1 to this circular along with extract of Board Resolution and a copy of Appointment letter.

SOP- Aadhaar Seeding process for Lite/APY Subscribers

January 10, 2023 789 Views 0 comment Print

It needs to be ensured that the name of the subscriber and Date of Birth (DoB) as per CRA records do match with the information available in Aadhaar.

Comprehensive Framework on Offer for Sale of Shares through Stock Exchange Mechanism

January 10, 2023 2154 Views 0 comment Print

All promoter(s) or promoter group entities of such companies that are eligible for trading and are required to increase public shareholding to meet the minimum public shareholding requirements in terms of Rule 19(2)(b) and 19A of Securities Contracts (Regulation) Rules, 1957 (SCRR), read with Regulation 38 of Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015.

Change in control of Portfolio Managers providing Co-investment services

January 10, 2023 771 Views 0 comment Print

Pursuant to grant of prior approval by SEBI, in order to enable existing investors/ clients to take well informed decision regarding their continuance or otherwise with the changed management, the portfolio manager shall inform its existing investors! clients about the proposed change prior to effecting the same and give an option to exit without any exit load, within a period of not less than 30 calendar days, from the date of such communication.

Assessee can challenge reopening notice at the stage of challenging consequential Assessment order: HC

January 10, 2023 2559 Views 0 comment Print

Auroglobal Comtrade Private Limited Vs Chairman, CBDT & Others (Orissa High Court) HC declined to accept challenge to the Reopening notices under Section 148-A(1)(b) of the Act as well as the consequential order under Section 148-A(1)(d) of the Act by holding that the Petitioners/Assessees in those cases would have a full opportunity of urging all […]

Re­opening notice can be challenged with reassessment order before HC

January 10, 2023 3171 Views 0 comment Print

Punjab and Haryana HC rejects interference at early stage in Anshul Jain Vs PCIT case. The court holds that objections can be raised in re-assessment proceedings.

FAQ’s on Shifting of forms from MCA V-2 to MCA V-3

January 10, 2023 3969 Views 0 comment Print

MCA issued General Circular No 01/2023 and 02/2023 in respect of release plan of 45 forms on MCA V-3 and Filing of GNL-2 and MGT-14 and non-availability of forms on MCA for 15 days w.e.f. 07 January, 2023 to 22nd January, 2023.

No Service Tax liability on intermediary for sale of space/time for media agency on commission basis

January 10, 2023 1239 Views 0 comment Print

CESTAT held that, advertising in newspapers or media agencies, where role of assessee was merely that of an intermediary in sale of space/ time for media agency on commission basis, cannot lead to an inference that assessee had rendered services as advertising agency.

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